Hawaii County Council will meet May 17

Hawaii County Council will meet May 17.

Here is the agenda provided by the council:

Notice is hereby given that the Hawai‘i County Council will be conducting this meeting via interactive conference technology (ICT) pursuant to Hawai‘i Revised Statutes §92-3.5. Council Members will be participating via ICT at the:

• Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A

Members of the public may also attend from this location.

Public attendance via Courtesy Site is available at the following locations:

• Old Kohala Courthouse, 54-3900 Akoni Pule Highway, Kapa‘au; and

• Pāhoa Council Office, 15-2879 Pāhoa Village Road.

If a Courtesy Site is unavailable and/or participation is disrupted, the scheduled meeting will continue.

Oral Public Testimony via Zoom: To provide oral testimony via Zoom, email councilremotetestimony@hawaiicounty.gov or call (808) 961-8255 to complete the registration process and obtain meeting login information. Please contact our office to register by 12:00 noon, Tuesday, May 16, 2023.

Submitting Written Testimony: To ensure timely delivery to Council Members prior to the meeting, written testimony must be submitted no later than 12:00 noon on Tuesday, May 16, 2023, by: (1) email to counciltestimony@hawaiicounty.gov; (2) facsimile to (808) 961-8912; or (3) mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720. All written testimony, regardless of time of receipt, will be made part of the permanent record. Please submit separate testimony for each item.

Hawai‘i County is an Equal Opportunity Provider and Employer

INVOCATION Reverend Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE

STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS

Pursuant to HRS §92-3, oral testimony may be provided entirely at the beginning of the meeting, or immediately preceding the agenda item being opened for deliberation by the Council.

(NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES April 5, 2023

ORDER OF RESOLUTIONS

Res. 141-23: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION EASEMENT OF TAX MAP KEY 7-6-004:003 SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS HISTORIC 88 TEMPLES WALK, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND

The County seeks to acquire a conservation easement on approximately 2.488 acres of land to provide pedestrian access to Hōlualoa Village, facilitate reconstruction of historic trails and the Shikoku Pilgrimage Monument, and expand opportunities for recreational, educational, and social activities.

Acquisition of a conservation easement on this parcel is listed as priority number 7 in the 2022 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission.

Reference: Comm. 241

Intr. by: Ms. Villegas

Approve: LAAC-16

Res. 158-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR CONTRACT FOR HIGH RESOLUTION IMAGERY FOR THE HAWAIʻI COUNTY POLICE DEPARTMENT

Authorizes the Mayor to enter into a new four-year agreement with Pictometry International Corp., with an estimated annual cost of $516,735.75, for access to current imagery of subdivisions, businesses, developments, and roadways.

Reference: Comm. 262

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Approve: FC-49

Res. 159-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAIʻI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAIʻI REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAIʻI COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT

Allows for the receipt of $965,600 in federally-derived funds, which would be used to assist individuals that have been adversely affected by the COVID-19 pandemic to enter, return to, or advance in high quality jobs.

Reference: Comm. 263

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Approve: FC-50

Res. 166-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND LGBTQ PRIDE TO SUPPORT ITS ANNUAL PRIDE PARADE AND FESTIVAL

Transfers $2,000 from the Clerk-Council Services – Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.

Reference: Comm. 280

Intr. by: Ms. Kimball

Res. 167-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE SUPPLIES FOR RECREATIONAL ACTIVITIES IN WEST HAWAI‘I

Transfers $9,500 from the Clerk-Council Services – Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation,

Recreation Division Other Current Expenses account.

Reference: Comm. 281

Intr. by: Mr. Inaba

Res. 168-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KOHANAIKI ʻOHANA TO ASSIST WITH THE 19TH ANNUAL ROOTS BODYBOARDING CONTEST AT WAIʻAHA BEACH PARK

Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.

Reference: Comm. 282

Intr. by: Ms. Villegas

Res. 169-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOPE SERVICES HAWAI‘I, INC., TO SUPPORT THE HAWAI‘I KEIKI RODEO EVENTS

Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account.

Reference: Comm. 283

Intr. by: Ms. Lee Loy

Res. 170-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI‘I ISLAND ADULT CARE FOR TUITION ASSISTANCE FOR ITS HILO ADULT DAY PROGRAM

Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Office of Aging, Other Current Expenses account.

Reference: Comm. 284

Intr. by: Ms. Kagiwada

Res. 171-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO AHAVA ‘AINA TO HOST A TECHNOLOGY SUPPORT GROUP CALLED DISCONNECT TO RECONNECT

Transfers $3,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account.

Reference: Comm. 285

Intr. by: Ms. Kagiwada

Res. 172-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAI‘I ISLAND FOR EXPENSES RELATED TO ITS DEVELOPMENTAL PRESCHOOL

Transfers $5,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.

Reference: Comm. 286

Intr. by: Ms. Kagiwada

Res. 173-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE EQUIPMENT AND SUPPLIES FOR ITS RECREATION PROGRAMS AND ACTIVITIES IN COUNCIL DISTRICT 2

Transfers $13,000 from the Clerk-Council Services – Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation,

Recreation Division Other Current Expenses account.

Reference: Comm. 287

Intr. by: Ms. Kagiwada

Res. 174-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE HAWAI‘I FIRE DEPARTMENT WITH EXPENSES RELATING TO THE BIG ISLAND JUNIOR LIFEGUARD PROGRAM

Transfers $10,000 from the Clerk-Council Services – Contingency Relief account (Council District 7); and credits to the Hawai‘i Fire Department, Ocean Safety Programs account.

Reference: Comm. 288

Intr. by: Ms. Villegas

Res. 175-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PŌHAKU PELEMAKA FOR ITS HOʻOWEHE I KA NIU SUMMER CAMP

Transfers $4,950 from the Clerk-Council Services – Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account.

Reference: Comm. 289

Intr. by: Ms. Kierkiewicz

Res. 176-23: APPROVES THE FISCAL YEAR 2024 PROPOSED OPERATING BUDGET FOR THE HAWAI‘I STATE ASSOCIATION OF COUNTIES

Reference: Comm. 290

Intr. by: Ms. Kimball

Waived: GOEAC

Res. 181-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION

Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of $242 to be used at the department’s Hilo office.

Reference: Comm. 296

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 182-23: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF THE ARMY REGARDING THE WAIĀKEA-PALAI FLOOD RISK MANAGEMENT PROJECT

Allows for the Department of Public Works to enter into a Project Partnership Agreement with the Department of the Army to develop the parameters for the design, construction, and maintenance of the Kupulau Ditch Detention and the Hilo Municipal Golf Detention.

Reference: Comm. 297

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Waived: FC

Res. 183-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR REPAIRS AT THE HAWAIIAN ACRES VOLUNTEER FIRE STATION

Transfers $20,000 from the Clerk-Council Services – Contingency Relief account (Council District 5); and credits to the Hawai‘i Fire Department, Fire Volunteer Other Current Expenses account.

Reference: Comm. 300

Intr. by: Mr. Kānealiʻi-Kleinfelder

BILLS FOR ORDINANCES (FIRST READING)

Bill 28: (Draft 2)

AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53 AND ARTICLE 10, SECTION 19-71, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES

Safeguards certain agriculturally productive properties which are also used as an owner’s primary residence or as an affordable rental from rising assessment values.

Reference: Comm. 113.2

Intr. by: Mr. Inaba

Approve: FC-28

Postponed: March 22 and April 19, 2023

(Note: There is a motion by Mr. Inaba, seconded by Ms. Galimba, to pass Bill 28, Draft 2, on first reading.)

Bill 41: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – TWENTY ACRES (A-20a) TO AGRICULTURAL – TEN ACRES (A-10a) AT KALOKO, NORTH KONA, HAWAIʻI, COVERED BY TAX MAP KEY: 7-3-027:003

(Applicants: Charles Stevenson, Ann Stevenson, and John Fumo)

(Area: 22.665 Acres)

The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicants to request subdivision of the property in two 11.3325 acre lots to accommodate existing single-family dwellings on each lot. The property is located at 73-4375 Haleamau Street, approximately 570 feet northeast of its intersection with Kaloko Drive, Kaloko Mauka Subdivision, North Kona.

Reference: Comm. 210

Intr. by: Mr. Inaba (B/R)

Approve: LAAC-17

Bill 44: (Draft 2)

AMENDS CHAPTER 19, ARTICLES 1 AND 7, OF THE HAWAI‘I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY FOOD SUSTAINABILITY USE ASSESSMENTS AND NONDEDICATED AGRICULTURE USE ASSESSMENTS

Seeks to implement recommendations of the Real Property Tax Review Working Group and Agricultural Committee’s September 2019 Final Report and the 2021 Annual Report of the Real Property Tax Board of Review by: establishing a sunset date for the definition of “Nondedicated agricultural use assessment”; adding a new definition for “Community food sustainability use”; establishing a sunset date for Section 19-57 of the Hawaiʻi County Code; and establishing a new section titled “Community food sustainability use assessment”.

Reference: Comm. 218.3

Intr. by: Ms. Kimball and Ms. Galimba

Approve: FC-51

Bill 45: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Appropriates revenues in the Federal Grants – QUEST (Quality Jobs, Equity, Strategy, and Training) Disaster Recovery account ($965,000); and appropriates the same to the QUEST Disaster Recovery account. Funds would be used to assist individuals who have been adversely affected by the COVID-19 pandemic to enter, return to, or advance in high quality jobs.

Reference: Comm. 263

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

Approve: FC-52

ORDER OF THE DAY (SECOND OR FINAL READING)

Bill 42: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Increases revenues in the Fund Balance From Previous Year account ($47,000); and appropriates the same to the Golf Course Other Current Expenses account to cover higher than anticipated utility expenses.

Reference: Comm. 213

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

First Reading: May 3, 2023

Bill 46: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023

Adds the Mass Transit Bus Stop ADA (Americans with Disabilities) Compliance – Federal Highway ($1,000,000) and County ($250,000) projects to the Capital Budget. Funds for these projects shall be provided from Federal Grants Receivable ($1,000,000) and General Obligation Bonds, Capital Projects Fund – Fund Balance and/or Other Sources ($250,000), and would be used to design and construct ADA pads for passengers to board buses at safe locations and install other improvements for ADA compliance.

Reference: Comm. 265

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

First Reading: May 3, 2023

Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter

Bill 47: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2023

Increases revenues in the Fund Balance from Previous Year account ($700,000); and appropriates the same to the Highway Maintenance Administration Equipment account to cover unanticipated expenses for equipment.

Reference: Comm. 266

Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R)

First Reading: May 3, 2023

REPORTS

GOEAC-41 (Comm. 258): NOMINATION OF THOMAS G. WOJSZYNSKI TO THE VETERANS ADVISORY COMMITTEE

GOEAC-42 (Comm. 259):NOMINATION OF DOROTHY NORRIS TO THE ENVIRONMENTAL MANAGEMENT COMMISSION

Requires Council

Confirmation by: May 27, 2023 (Section 13-4(k), Hawaiʻi County Charter)

GOEAC-43(Comm. 260): NOMINATION OF MICHAEL D. QUANDT TO THE TAX BOARD REVIEW

Requires Council Confirmation by: May 27, 2023 (Section 13-4(k), Hawaiʻi County Charter)

OTHER BUSINESS

(Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.)

ANNOUNCEMENTS

ADJOURNMENT

Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal.

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